Stamp Acts Amendment Act 1886
Stamp Acts Amendment Act 1886
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Stamp Acts Amendment Act 1886
Public Act |
1886 No 40 |
|
Date of assent |
17 August 1886 |
|
Contents
An Act to amend “The Stamp Act, 1882,”
and “The Stamp Act 1882 Amendment Act, 1885.”
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Stamp Acts Amendment Act, 1886.”
2 Amendment of section 20 of “The Stamp Act 1882 Amendment Act, 1885.”
The third subsection of the twentieth section of “The Stamp Act 1882 Amendment Act, 1885,”
is hereby repealed, and the following is enacted in lieu thereof:—
“Assignment or transfer of property held under a miner’s right or a consolidated miners’ right or license, issued in pursuance of any Act for the time being in force relating to mining, or letter or instrument authorizing such assignment or transfer, where the letter or instrument is the only act required on the part of the vendor or assignor.”
3 Amendment as to duty on conveyances.
The fourth subsection of the twentieth section of “The Stamp Act 1882 Amendment Act, 1885,”
is hereby repealed, and the Third Schedule of “The Stamp Act, 1882,”
shall be amended by omitting the heading “Conveyances on Sale,”
and the following shall be inserted in lieu of the said subsection:—
| (4.) Conveyances— | £ | s. | d. | |
| Conveyance on Sale: For every £50 or part of £50 of the amount or value of the consideration for sale | 0 | 7 | 6 | The purchaser. |
Any instrument whereby any property is legally or equitably transferred to or vested in any person for a nominal consideration, or where no consideration passes, for every £50 or part of £50 of the amount or value of the property conveyed or transferred as assessed under “The Property Assessment Act, 1885,”or any Act amending the same at the date when such instrument takes effect |
0 | 7 | 6 | The parties to the deed or any one of them. |
Provided always that no deed or instrument appointing any new trustee or trustees under any will, settlement, or other instrument, nor any conveyance or transfer to any devisee or any appointee under a deed or will not for valuable consideration or next of kin by any executor, administrator, or trustee rendered necessary by “The Administration Act, 1879,”
or any Act amending the same, shall be liable to the duty hereby imposed for conveyance on sale:
Provided further that where any instrument as aforesaid discloses that it is only made or executed bonâ fide by way of completion or confirmation of title, or that no benefit accrues to the person in whose favour such instrument is made or executed, or no greater benefit than he originally had or was entitled to have by law or by virtue of some other instrument, such first-mentioned instrument shall not be liable to the duty hereby imposed:
Provided further that nothing herein shall be deemed to exempt any deed or instrument from liability to any other duty to which it is or may be liable under any Act relating to stamp duties.
4 Amendment of section 88 of “The Stamp Act, 1882.”
Section eighty-eight of “The Stamp Act, 1882,”
shall be amended by inserting the word “certificate”
after the word “decree,”
and the words “or Judge”
after the word “Court.”
5 Certain deeds affecting Native land not liable to penalty.
Stamp duties under sections 24 and 25 of “The Native Land Administration Act, 1886,”
when payable.
No deed or instrument affecting Native land, and liable to duty under the seventeenth section of “The Stamp Act 1882 Amendment Act, 1885,”
and now outstanding and unstamped, shall be liable to any penalty or fine under either of the Acts amended by this Act if the same shall be presented for stamping within sixty days after the passing of this Act.
In respect of land for which a title is obtained under or by virtue of the twenty-fourth and twenty-fifth sections of “The Native Land Administration Act, 1886,”
the several duties chargeable under “The Stamp Act 1882 Amendment Act, 1885,”
shall be due and payable as soon as the land becomes vested by conveyance on sale or by lease in the purchaser or lessee respectively, and, so far as applicable, the provisions of “The Stamp Act, 1882,”
and the amendments thereof, shall apply to the payment and collection of the said duties.
Nothing in this section contained shall establish any claim to a refund of any stamp duties or penalties already paid.
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Versions
Stamp Acts Amendment Act 1886
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